AB 1286 – Requires Companies Distributing Shared Mobility Devices, Such As Scooters And Bicycles, To First Enter Into An Agreement With The City Or County In Which They Want To Leave The Mobility Devices For Use And Requires Cities And Counties To Adopt R

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 26, 2020

This bill seeks to establish statewide requirements applicable to scooters, bikes, and other devices that may be rented via mobile apps by members of the public. The bill refers to these devices as “shared mobility devices,” which are defined as an “electrically motorized board,” “electric bicycle,” “or another similar personal transportation device. . . made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or another electronic or digital platform.”

The bill requires providers to enter into an agreement with or obtain a permit from, the city or county where the devices will be used. Among other things, the agreement or permit must require the provider to maintain commercial general liability insurance with coverage of no less than one million dollars ($1,000,000) for each occurrence for bodily injury or property damage and no less than five million dollars ($5,000,000) aggregate for all occurrences during the policy period. The insurance cannot exclude coverage for injuries or damages to the rider caused by the provider.

Cities and counties must also adopt rules for the operation, parking, and maintenance of shared mobility devices. Such rules may be adopted by ordinance, agreement, or permit terms. Cities and counties that have authorized shared mobile device providers to operate before January 1, 2021, must adopt such rules by January 1, 2022. Cities and counties that authorize a provider to operate on or after January 1, 2021, must adopt such rules before a provider may offer any shared mobility device for rent or use within the limits of the city or county.

(AB 1286 adds Section 2505 to the Civil Code.)